Friday, March 13, 2009
A decision denying in part a claim filed with the Lawyers' Fund for Client Security was affirmed by the New York Appellate Division for the Third Judicial Department. The claimant must establish misappropriation in the course of an attorney-client relationship to obtain an award. The transactions at issue were deemed to be business arrangements (that had led to losses) in the claimant's area of expertise. The court also found that the decision was not invalidated by the lack of a transcript of the proceeding before the Fund.
It is worth noting that some client security funds award reimbursements for a broader scope of breaches of attorney duties. Ohio, for instance, will reimburse claimants who pay for legal services that are not performed. (Mike Frisch)